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What is the difference between a Springing and Present Durable Power of Attorney?

April 26, 2017durable power of attorney PRESENT springing

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What is the difference between a Springing and Present Durable Power of Attorney?

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In Massachusetts, Durable Powers of Attorney are governed by statute. There are two basic forms a Durable Power of Attorney can take: (1) a present Durable Power of Attorney; and (2) a “springing” Durable Power of Attorney. A present Durable Power of Attorney authorizes the Attorney in Fact to act for the Principal as soon as it is executed. A springing Durable Power of Attorney becomes effective only upon the incapacity or incompetency of the Principal.